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(영문) 인천지방법원 2015.04.09 2014나52919
양수금
Text

1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall pay to the plaintiff KRW 14,307,056 and 5,971 among them.

Reasons

1. Facts of recognition;

A. The Defendant, around August 2005, did not pay KRW 5,971,700 in total amount of credit card loans, etc. after using credit cards, such as taking cash services, by joining a credit card company with a new credit card company (the trade name before the change: EL card company; hereinafter “new card”).

B. On June 21, 2013, the Plaintiff completed the notification of the assignment of credit by taking over the above credit from the new card, and the overdue interest rate of the above credit is about 17%, and the sum of overdue interest and delay damages on the credit card use amount of KRW 5,971,70 as of November 28, 2013, which is the base date, is KRW 8,335,356.

【Reason for Recognition】 Each entry of evidence Nos. 1, 3-1, 4, and 5, and the purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay the Plaintiff, who acquired the credit card user’s claim against the Defendant from the new card, the amount of KRW 14,307,056 (i.e., 5,971,700 + 8,335,356) and damages for delay calculated at the rate of 17% per annum from November 29, 2013 to the date of full payment (i.e., the agreed interest rate of KRW 5,971,70), which is the following day of the above basic date.

3. Thus, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, and it is so revoked, and it is so decided as per Disposition by ordering the defendant to pay the above money.

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